Last updated: March 03rd, 2016
1. www.quotemykaam.com & other “QMK” websites
Quotemykaam Business Services LLP (Limited Liability Partnership), “QMK” is in the business of providing online solutions. www.quotemykaam.com (‘website’) is an online service marketplace to connect customers who come to hire local businesses for services they seek.
A link to this Terms and Conditions agreement will be published on all pages, booking forms & websites owned and operated by “QMK”.
From time to time the website will generate automated emails to registered users, or website users will send emails and messages to one another through the website. Emails sent by the website or through the website are considered a part of the “QMK” website. If hyperlinks and other redirection tools taking the user to other websites operated by third parties appear on the website, you acknowledge that these websites (Outside Sites) are not controlled by “QMK” and do not form part the “QMK” website and agree that you will not hold “QMK” liable or in any way accountable for anything that occurs on Outside Sites.
YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.
2. Disclaimers and Limitation of Liability
i. It is clarified that “QMK” is only a facilitator and acts as a platform for the interaction between the Users and Service providers “Namely Pest Control Providers, Decorations & Entertainment Service Providers, Cleaning Providers, Home Repair Technicians, Home Appliance Technicians, Home Re-modelling & Renovation Service Providers and various other services mentioned on – “www.quotemykaam.com/services/” or any service booked by user through Quotemykaam.com platform.
Before availing any service from the Service provider ‘Vendor’ registered with Quotemykaam.com, Client must understand and agree on Final Quoted Price, Payment schedule, Refund policy, Service Level time frames in case of post service issues, any risks involved by undertaking the service, service provider contact details and any other applicable terms deemed appropriate by the Client & Vendor.
All the Terms and Conditions exist between Vendor and the Client. Quotemykaam.com “Reg. Company – Quotemykaam Business Services LLP” cannot, in any circumstance, be held liable for any loss whatsoever on any account, and incurred by the User, after availing any service from registered service provider ‘Vendor’ or accessing information from the “QMK” website.
ii. Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by the User, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute Services or other intangible loss;
iii. “QMK” disclaims any liability for any loss or damage which may be incurred by the User, including but not limited to loss or damage as a result of any reliance placed by the User on the completeness, accuracy or existence of any information on the website, or any image posted or any content uploaded, or using the products or services provided by “QMK” or any third party or relying upon the information, advertising, or as a result of any relationship or transaction between the User and any advertiser or sponsor whose advertising or information appears on the Services or website or any unclaimed property or liability arising from any unredeemed coupons, and the said liability shall be borne exclusively by the Users.
iv. The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the User’s use of the services.
v. User’s failure to provide “QMK” with accurate account information.
vi. User’s failure to keep his / her password or account details secure and confidential.
vii. Subject to the aforementioned, “QMK”’s aggregate liability arising out of or in connection with the contract, whether based on contract, tort, statutory warranty or otherwise, shall in no event exceed a sum of Rupees 1000/-. The limitations on “QMK”’s liability under this section, shall apply whether or not “QMK” has been advised of or should have been aware of the possibility of any such losses arising. Not withstanding anything to the contrary the user agrees that the user’s sole and exclusive remedy for any dispute with “QMK” is to discontinue user’s use of the services and website .
viii. Where the user directly contacts or Books a service with the “Technician/ Service professional” for Service after Service provider interaction with client, without the knowledge of “QMK”, “QMK” would not be liable for any Payments, Warranties or terms mentioned by the “Technician/ Service professional” or written on the website for Service in questions in future.
ix. Subject to overall provision paraphrased above, the User expressly understands and agrees that “QMK”, its subsidiaries and affiliates shall not be liable to the User for points mentionedabove
3. General Information Only
i. The information, opinions and other similar statements and content published on the website are provided for information purposes only and are not intended as, nor do they constitute legal, financial, taxation, technical or expert advice or to be in any way relied upon by the User without undertaking independent verification. Information provided on the website has been derived from sources believed to be accurate at the time of compilation and no warranty or representation is made as to the accuracy or authenticity of the content of the website.
ii. “QMK” and its directors, agents or employees shall not be liable (whether directly or indirectly) for any information provided on the website or anyone else through the website or any errors in, or omissions from information on the website.
iii. “QMK” does not make any representation or warranty that any user is reputable, or will act in good faith, or according to their terms of engagement; any information on the website will be complete, reliable or accurate; or your access to the website will be secure, available or uninterrupted.
iv. “QMK” will not be liable for loss arising out of (whether directly or indirectly) any action or decision by User in reliance on the information on or provided through the website or provided by any business the User engage on the website, nor any interruption, delay or impairment in the functioning, operation or availability of the website, exposure to or transmission of any computer virus, internet access difficulties in connection with the website, or malfunction in equipment or software.
4. Use of the Services by User / Users Conduct
i. In order to access certain Services, User may be required to provide certain information about himself / herself (such as identification or contact details) as part of the registration process for the Service, or as part of User’s continued use of the Services. The User agrees that any registration information provided by the User to the “QMK” will always be accurate, correct, and up to date.
iii. The User further permits “QMK” to allow selected third parties, including marketing and advertising companies, “QMK” affiliates, and associates, to contact the User occasionally about services that may be of User’s interest. They may contact the User by telephone, SMS as well as by e-mail. If the User does not want to be contacted by these companies in the future, the User may simply chose the option of unsubscribe available on the website and/or by amending the User profile accordingly and/or writing to “QMK”.
iv. The User agrees to access the Website and / or use the Services only for purposes that are permitted by (i) the terms prescribed by “QMK” from time to time and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
v. The User agrees that he /she shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the website and all charges related thereto. “QMK” shall not be liable for any damages to the User’s equipment resulting from the use of this website.
vi. The User permits “QMK” to collect its information, including but not limited to trends, statistics, usage of the website, and all such other data, excluding sensitive personal data or such other data prohibited by law to be collected, unless expressly excluded herein. The said data may be transferred by “QMK” to third parties and the user grants permission for the same.
vii. The User agrees to use the data owned or otherwise provided on the Website by “QMK” only for personal purposes and not for any commercial use unless agreed to with “QMK” in writing. The right to use the data is a license only, not a transfer of title, and is subject to the following restrictions:
a) The data may not be used for any commercial purpose or public display, performance, sale or rental;
b) No copyright or other proprietary notices may be removed;
c) The data may not be transferred to another person;
d) Software may not be interfered with in any manner; v. Every person downloading, reproducing or otherwise using the data must prevent any unauthorized copying of the data;
e) The User will only use the data for lawful purposes and in accordance with these conditions.
f) In addition, the User agrees that he / her will not use robot, spider, other automatic device, or manual process to monitor or copy “QMK”’s web pages or the content contained herein, without the prior written consent of “QMK” (such content is deemed given for standard search engine technology employed by internet search web sites to direct internet users to the Site).
5. Restriction on User
i. User agrees that the user will not use the website of any “QMK” service for any purpose that is prohibited by the Terms and Conditions or that is illegal or unlawful. User agrees to abide by all applicable laws and regulations.
ii. User shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile (“Profile”), the posting of your Service (“Offer”), the posting of your desired Service (“Want”), or the posting of any opinions or reviews in connection with the Website, the Service, the Service Professional, or the Service User (“Feedback”) (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:
a) uses the website to offend others (which shall be judged in the absolute opinion of “QMK”);
b) is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate; (which shall be judged in the absolute opinion of “QMK”);
c) engage in, encourage participation or promote any contests, pyramid schemes, surveys, chain letters, spamming or unsolicited emailing through the website;
d) uses automated scripting tools or software. Create user accounts by automated means or under false or fraudulent pretenses.
e) make available, using the website, any material not entitled to make available including any law or which contains viruses, or other computer codes, files or programs designed to interfere with the functioning of other software or hardware; or breach any laws or regulations applicable to your use of the website;
f) Collect screen names and email address of members for purposes of advertisement, solicitation or spam are prohibited.
g) Attempt to probe, scan, or test the vulnerability of website or breach any security or authentication measures.
h) Access or search the site content or services with any engine, software, or tool.
i) Provide incorrect personal information, Quote information, costs based on the information/ service requests posted by end users using the website to gain advantage (financially, winning a lead or otherwise).
j) is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so
“QMK” has no obligation to monitor user’s or anyone else’s use of the website. However, “QMK” reserves the right at all times to monitor retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
6. Intellectual Property Rights
i. All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (whether registered or unregistered) in the website and / or Service, information content on the website or accessed as part of the Service, any database operated by “QMK” and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain the property of “QMK”. The User shall not, and / or shall not attempt to, obtain any title to any such intellectual property. All rights are reserved by “QMK”.
ii. None of the material listed in Clause 6(a) may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without “QMK”’s prior express written permission. The User may, however, retrieve and display the content of the website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided that the User keeps intact all and any copyright and proprietary notices. The User may not otherwise reproduce, modify copy or distribute or use for commercial purposes any of the materials or content on the website without obtaining “QMK”’s prior written permission.
iii. All rights (including goodwill and, where relevant, trade marks) in “QMK” name are owned by “QMK”. Other products and company names mentioned on the website are the trademarks or registered trademarks of their respective owners.
iv. Title, ownership rights and intellectual property rights in and to the content accessed using the Services of “QMK” is the property of the applicable content owner and may be protected by applicable copyright or other law. The Agreement gives the User no right to such content.
v. Copyright Infringement Take Down Procedure- “QMK” has high regard for intellectual property and expects the same level of standard to be employed by its users. “QMK” may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at email@example.com
a) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit “QMK” to locate the material.;
c) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
d) information reasonably sufficient to permit “QMK” to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
e) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
f) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice.”
The User agrees to defend, indemnify and hold harmless “QMK”, its subsidiaries and their respective directors, officers, employees, licensors, business associates, suppliers and agents harmless from and against any actual or threatened claims, actions or demands, cause of actions, damages, losses, expenses, liabilities and settlements, including without limitation, reasonable legal and accounting fees and costs of suit, resulting from or alleged to result from, or arising out of or in connection with the (i) the use / access of the website by the User; (ii) the use of the Service or website through User’s password; or (iii) any breach of the term of this Agreement or any applicable law by User.
8. Disclaimer of Warranty
i. The User hereby, expressly agrees that the use of the website is solely at his / her own risk. Neither “QMK”, its subsidiaries nor any of their respective employees, agents and third party content providers make any representations, warranties or conditions of any kind, express or implied, that (i) use of the website will be uninterrupted or error free; or (ii) with respect to the results that may be obtained from use of the website, or (iii) the accuracy, reliability or content of any information, service provided through the website.
ii. The website is made accessible on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
iii. “QMK” does not give any warranty that the Services or the Site are free from viruses or anything else which may have a harmful effect on any technology owned or being used by the User.
iv. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. The User specifically acknowledges that “QMK” is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the User.
9. Phone Recordings
“QMK” reserves the right to record phone calls between User and “QMK” employees or “QMK” agents for training purposes.
10. Rules for Service Professionals
iv. Sanctions for violating any of the rules for service professionals- If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, “QMK”, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Professional’s Account privileges; (c) suspend the Service Professional’s Account; (d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Professional’s status earned via the Feedback page.
11. Rules for Service Users “Partners providing service”
i. Service users shall not take any of the following actions: (a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Professional’s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by “QMK” in connection with the use or purchase of any Service.
ii. Sanctions for violating any of the rules for service users-If a Service User violates any of the above-referenced rules in connection with his or her Posting, “QMK”, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User’s Account privileges; (c) suspend the Service User’s Account; and/or (d) decrease the Service User’s status earned via the Feedback page.
12. Identity Check
As a business member of “QMK”, Users will have to confirm their personal identity and business identity, if user wish to quote. If a User does not confirm personal and business identity, they will not be able to quote on the customer requests. List of documents required for identity verification are available within the “Verify identity” section of the site.
13. Updates to the Website
“QMK” may from time to time and at any time change or discontinue any feature of the website including content, hours or availability and equipment required for access.
14. Usage of Submitted Content
i. No confidentiality- The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, “QMK” does not guarantee any confidentiality with respect to any Submitted Content.
You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non confidential basis. You agree that “QMK” shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a lawyer) is not extended to “QMK”
“QMK” may also disclose user information including personal information if “QMK” reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate “QMK”’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You may remove your Submitted Content from the Website at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
iv. “QMK”’s disclaimers and right to remove
b. You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that “QMK” is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against “QMK” with respect thereto, and agree to indemnify and hold “QMK”, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
c. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that “QMK” may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
v. Suggestions-If you send or transmit any communications, comments, questions, suggestions, or related materials to “QMK”, whether by letter, email, telephone, or otherwise (collectively, “Suggestions”), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and “QMK” is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that “QMK” is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
15. Feedback Ratings & Comments
i. “QMK” allows users of the website to rate and comment on the performance of “QMK” business users whose business services they have either contracted, or have experienced in the course of evaluating the business user’s suitability for a job.
ii. “QMK” reserves the right to publish or not to publish those ratings and comments (feedback) on the website at its absolute discretion.
iii. “QMK” reserves the right to delete or modify feedback submitted on the website at any time for any reason.
iv. “QMK” will delete or modify if it is clear that, in the opinion of “QMK”, the feedback is factually incorrect or does not relate to the provision of business services by the business to the user who submitted feedback.
v. “QMK” reserves the right to aggregate each businesses feedback into a percentage score and publish that score on the website.
vi. In case the feedback is considered defamatory of the reputation and standing of individuals and businesses, “QMK” accepts no responsibility for liability, damage, injury or loss that may arise from feedback submitted to or published on the website. The User release forever and indemnify “QMK” from any liability it may incur arising out of (whether directly or indirectly) any feedback the User may post on the “QMK” website.
vii. Further User agrees that, if the user or anyone else commences or threatens any action or proceeding against “QMK” or makes any claim or demand against “QMK” as a result of any feedback submitted by the user to the website, “QMK” may, in it’s absolute discretion, without any notice to the User immediately cancel or suspend user’s membership of the website.
16. Breach of Terms and Conditions
Without limiting other remedies available to “QMK” at law, in equity or under this Terms and Conditions, “QMK” may, in our sole discretion, immediately issue a warning, temporarily suspend or terminate your membership and refuse to provide services to User if:
ii. “QMK” is unable to verify or authenticate any information provided by the User; or
iii. “QMK” believes that the actions of User may cause legal liability “QMK”.
17. Consequences of Termination of User’s Account with “QMK”
“QMK” may at its discretion terminate User’s use or, or access to, the website at any time and upon termination:
i. User shall no longer be authorized to access the website or use any other “QMK” services with the email address registered with the site;
ii. User will continue to be subject to and bound by all restrictions imposed on by the Terms and Conditions; and
iii. All licenses granted by User and all disclaimers by “QMK” and limitations of “QMK”’s liability set out in the Terms and Conditions or elsewhere on the website will survive.
18. Customer Support & Complaints Policy
“QMK” make a considerable investment in staff and technology to help answer customer support questions and respond to complaints. Our staff will endeavor to process questions or complaints from registered users of the website according to the following policy:
i. “QMK” will attempt to resolve any serious customer complaints and answer any questions on a priority basis, at the earliest on business days (Mon- Fri).
ii. Technical complaints or product development suggestions will be considered for future software upgrades. User’s suggestions may not result in changes to the software or “QMK” business practices.
iii. “QMK” reserves the right not to respond to customer support questions or complaints that offend “QMK” employees or agents.
iv. “QMK” reserves the right not to respond to questions or complaints made by individuals who, in the opinion of “QMK”, are not current users of the website, or have been suspended from using the website.
19. Dispute Resolution and applicable law
The Terms and Conditions governing use or membership of and access to the website will be governed by the laws of India. Any dispute arising out of this agreement shall be resolved by legal recourse. The Court in Gurgaon shall have exclusive jurisdiction for any dispute arising out of this agreement.